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(영문) 서울북부지방법원 2015.07.02 2013고단3240
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network;

Nevertheless, at the end of December 2012, the Defendant posted three obscene videos, as described in No. 11924-11926, at around that time, by accessing the Internet file sharing site B via two computers, such as “Adid” and “E” in adult category, “I am stronger to go through and go through from the union,” and inserting three obscene videos, such as posting obscene videos, in which both men and women have sexual intercourse while she was off from clothes and exposed to sexual organ, etc., of the attached files.

Accordingly, the Defendant displayed obscene images openly through information and communication network.

2. No person shall distribute, sell, lease, or openly exhibit any obscene codes, letters, sound, image, or motion picture via an information and communications network, or distribute information with the same content as such, in a manner that it distributes, sells, lends, or openly displays them;

Nevertheless, from July 13, 2011 to November 10, 2012, the Defendant posted three obscene videos, which had been exposed to F, an Internet file sharing site, to “AdiG”, “E” and “IE” on an adult bulletin board, using a computer, for which the Defendant’s location cannot be known, posted three obscene images, which had been exposed to sexual intercourse between men and women, on the ground of the title “IE” (a posted number 9507569), “IE Don Don Don Don Don- Don Don Don- Don Don Don- Don Don,” “IE gang Don Don Don Ha,” and “IE Don Don Don Ha” (a posted number 950754).

As a result, the suspect displayed and disseminated obscene images through the information and communication network.

Summary of Evidence

[2013 Highest 3240]

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (as shown in No. 12, 15, 23, 24, hereinafter referred to as "No. 12")

1. Maurgraphic photo;

1. inland waters;

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